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  • Au Medical Center, Inc. v. Dorothy Dale

    Publication Date: 2024-12-17
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Benjamin Brewton, Robert Marcovitch, Jena Lombard, (Bendin Sumrall & Ladner, LLC), Augusta, for appellant.
    for defendant: Michael Watson, (Watson Law Firm), Smyrna, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, William Smith, (W. Calvin Smith, II, P.C.), Atlanta, Minerva Steele, (Steele Law, LLC), Atlanta, for appellee; Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, Jason Branch, (Philips Branch & Hodges), Columbus, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, Jason Bring, (Arnall, Golden, Gregory), Atlanta, Lisa Churvis, (Waldon Adelman Castilla Heistand & Prout), Atlanta, for AM.
    Case Number: A24A1027

    Court Affirms Denial of Apportionment of Damages in Medical Malpractice Case to Non-Parties That Were Originally Named But Were Subsequently Dismissed from the Case

  • Sangster v. McGillvary et al.

    Publication Date: 2024-12-16
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Robbin Shipp, (Attorney at Law), Atlanta, Eldridge Suggs, (The Suggs Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Stephen Sparwath, Kyle Sparwath, (Bendin, Sumrall & Ladner, LLC), Atlanta, for appellee.
    Case Number: A24A0987

    Further Review Necessary to Determine Whether State of Repose Applicable to Medical Malpractice Cases Was Tolled by Statewide Judicial Emergency Order

  • Geary et al. v. Estate of Tapley et al.

    Publication Date: 2024-12-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Emmitte Griggs, David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: C. DuBose, (DuBose Law Group LLC), Madison, James Sadd, Daniel Epstein, (Slappey & Sadd, LLC), Atlanta, Brittain Hunt, (Pulliam Law Group), Covington, for appellee; Leitra Maxwell, (Forrest B. Johnson & Associates), Macon, for other party.
    Case Number: A24A0978

    Court affirms $15 million medical malpractice award for prolonged pain and suffering after surgical negligence, and rejects defendant's challenges to jury instructions and size of award

  • Mohar v. Leguizamo et al.

    Publication Date: 2024-11-20
    Practice Area: Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ralph Villani, Lawrenceville, for appellant.
    for defendant: Jacob Raehn, Sandra Cianflone, (MMPO Defense), Atlanta, for appellee; Lance Gowens, (The Gowens Law Firm, LLC), Cumming, for other party.
    Case Number: A24A1135

    Court affirms dismissal of medical malpractice lawsuit due to statute of limitation, which began when plaintiff first manifested symptoms, and rejects plaintiff's continuous treatment argument

  • Williams v. Regency Hospital Company, LLC et al.

    Publication Date: 2024-11-07
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Michael Hill, (Mayo Hill), Macon, for appellant.
    for defendant: David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Sharonda Boyce, (Huff Powell Bailey LLC), Atlanta, for appellee.
    Case Number: A24A1035

    Court of Appeals affirms dismissal of medical malpractice claim, affirming constitutionality of statute limiting tolling for mentally incompetent plaintiffs

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    Lancaster County & Berks County Court Rules 2024

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  • The Medical Center of Central Georgia, Inc. et al. v. Turner et al.

    Publication Date: 2024-09-19
    Practice Area: Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Hall, Jacquelyn Clarke, Austin Atkinson, Pearson Cunningham, Michael Profit, (Hall Booth Smith, P.C.), Atlanta, Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: Tracey Dellacona, (Dellacona Law Firm), Macon, Caleb Walker, Katherine McArthur, Lindsey Macon, (McArthur Law Firm), Macon, for appellee; Jason Bring, (Arnall, Golden, Gregory), Atlanta, William Rissler, (Attorney at Law), Atlanta, Lisa Churvis, (Waldon Adelman Castilla Heistand & Prout), Atlanta, for AM.
    Case Number: A24A0378

    Court affirms $9.2 million jury verdict for medical malpractice and wrongful death, rejecting defendants' arguments as to causation and excess damages

  • Estate of Tomlinson et al. v. Houston Healthcare

    Publication Date: 2024-09-16
    Practice Area: Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A24A0704

    Court of partially reverses and partially affirms dismissal of an Estate's claims under the Emergency Medical Treatment and Labor Act (EMTALA) and other causes of action

  • Reddy v. Belton et al.

    Publication Date: 2024-09-13
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A24A0816

    Court reverses partial summary judgment on the issues of duty and breach in a medical malpractice case because those issues were not properly raised or litigated in the motion

  • Kathy Boone et al v. Vascular Surgical Associates, P.C., et al.

    Publication Date: 2024-09-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kristopher Alderman, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Daniel Moriarty, (Green Sapp & Moriarty, LLP), Atlanta, for appellant.
    for defendant: C. Childers, (Childers, Schlueter & Smith, LLC), Atlanta, Anna Fretwell, Mikell Reynolds, (Huff Powell Bailey), Atlanta, Robert Monyak, (Peters & Monyak, LLP), Atlanta, Neil Edwards, (Attorney at Law), Atlanta, Max Wallace, (Conway Eader LLLP), Atlanta, for appellee.
    Case Number: A24A0749

    Court affirms verdict in favor of medical professionals in a medical malpractice suit, upholding the validity of expert testimony and jury instructions

  • Wilson et al. v. Inthachak et al.

    Publication Date: 2024-08-21
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Hudson, (Attorney), Douglas, Ranse Partin, William Owens, James Cox, (Conley Griggs Partin LLP), Atlanta, for appellant.
    for defendant: William Dekle, Sandra Foster, Wiley Wasden, (Brennan, Wasden and Painter, LLC), Savannah, for appellee; Michael Bailey, (Huff, Powell & Bailey, LLC), Atlanta, Jarome Gautreaux, (Gautreaux Law, LLC), Macon, John Loftin, Gainesville, for other party.
    Case Number: A23A0398

    Court vacates summary judgment in medical misdiagnosis case, citing factual questions on emergency care and causation